Vilified Judge Increases Sentence

A judge vilified as soft on crime by bloggers, TV commentators and politicians for giving a child molester just 60 days in jail increased the sentence Thursday to three to 10 years behind bars.

Vermont District Judge Edward Cashman said he decided to impose the longer sentence because state officials reversed course and agreed to provide sex-offender treatment to 34-year-old Mark Hulett in prison.

At the time the judge imposed the original sentence Jan. 4, Hulett had been ruled ineligible for treatment until he got out of prison. Cashman said the lighter sentence was the only way to make sure Hulett got prompt treatment.

In his latest order, the judge remained firm in his belief that sentences must be concerned with more than just punishment.

"The court agrees a punitive response — punishment — is a valuable and necessary component of society's response to criminal conduct," he said. "It is a tool that the court has routinely used for the past 24 years on the trial bench. As stated during the sentencing hearing, however, punishment is not enough of a response in some cases."

"This is one of those cases," he said.

Hulett, 34, pleaded guilty to charges that he had sexual contact with a girl during a four-year period beginning when she was 6.

After issuing the original sentence, Cashman was attacked by commentators on TV and on the Internet. On Fox News, Bill O'Reilly told viewers as video of Cashman rolled: "You may be looking at the worst judge in the USA." Gov. James Douglas called on the judge to resign, and several lawmakers demanded his impeachment.

The governor said he considered the new sentence still too lenient.

"It's 18 times 60 days, so it's certainly an improvement," Douglas said. "Personally I think it's inadequate for a crime of that magnitude, but it is certainly better than the first decision."

Attorney General William Sorrell said he had wished for more than three years "as a message to other would-be offenders." But he praised the judge for being "big enough to change course."

Hulett will have to serve at least three years behind bars. Once he gets out, he will then spend the rest of his life on probation or parole.

"I think it is fair," said his lawyer, Mark Kaplan. "I think it makes sense under the circumstances."

The families of Hulett and the victim left the courtroom without comment.

State Rep. Peg Flory, the House GOP leader, said it is too early to say whether Republicans will drop their resolution calling on the judge to resign. "I want to read what the decision is before I say," she said.

The Corrections Department initially decided not to offer Hulett treatment behind bars because it concluded he was unlikely to commit another sex offense. After the furor, however, Vermont's human services secretary ordered the department to change its policy to allow low-risk sex offenders to receive treatment in prison.
By Wilson Ring